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(영문) 부산지방법원 2019.07.26 2019고단2185

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 22, 2019, the Defendant posted a false statement on “B” by accessing the Internet site “B,” and making a false statement to the victim C who contacted the “B,” stating that the Defendant would send money first.

However, even if the defendant received money from the victim, he did not have the intention or ability to send the money.

The Defendant, as such, by deceiving the victim and receiving KRW 80,00 from the victim’s account under the name of the Defendant on the same day, and received a total of KRW 1,190,000 from February 22, 2019 to April 23, 2019, as indicated in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. application of the respective statements of C, F, G, H, I, J, K, L, M, N, andO to the laws and regulations on account transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. Determination of the sentence of punishment, the frequency of the crime, the scale of damage, the records of the crime, the fact that the victims fail to agree with each other, and other conditions of sentencing as shown in the records and arguments of this case, including the defendant's age, occupation, character and conduct, family relationship, motive and circumstances before and after the crime, shall be comprehensively considered.